Congressmen introduce federal oversight bill

A federal bill that would give the U.S. Anti-Doping Agency the authority to administer and oversee Thoroughbred racing’s medication policies and drug-testing programs was introduced Thursday to the U.S. House of Representatives, the legislation’s sponsors announced.

The bill, which initially was drafted by The Jockey Club and other supporters of the effort, was introduced to the House Energy and Commerce Committee, according to the sponsors. Rep. Paul Tonko, a Democrat representing upstate New York who is the original sponsor of the bill, is a member of the committee. The bill’s other sponsor is Rep. Andy Barr (R-Ky.).

The bill is the third to be introduced in Congress over the past five years seeking federal involvement in the establishment of national medication and drug-testing rules. The previous bills, which differed significantly from the legislation introduced Thursday, have not gone beyond the committee level.

While The Jockey Club has built a coalition of support for the legislation among like-minded organizations, trainers’ groups and racetracks remain wary of any effort to involve the federal government in the regulation of racing for a variety of reasons. Horsemen also have expressed opposition to the rollback of rules allowing for the race-day administration of the regulated anti-bleeding medication furosemide, which almost certainly would be considered under the structure created by the legislation.

The bill would create a federal panel that would advise the USADA, a private, non-profit company, on medication rules and drug-testing policies for Thoroughbred races conducted in all U.S. racing jurisdictions, replacing the state-by-state regulatory approach that currently exists. The panel would consist of 11 members, and the USADA would directly control six members and approve the other five appointees “from different constituencies of the Thoroughbred industry,” according to the bill. The USADA would then be in charge of implementing the policies approved by the panel.

In a midday press conference in Washington, D.C., announcing the bill’s introduction, both Tonko and Barr stressed the “independence” of the panel in devising the rules and penalties that would govern Thoroughbred racing. The representatives also contended the current state-by-state regulatory approach is inadequate to police a sport that relies on interstate commerce.

“The national state of the industry deserves a national set of rules,” said Barr, adding the patchwork of current rules “undermines public confidence in the game.”

It is difficult at this point to handicap the chances of the bill passing in the larger Congress. Most lobbyists have stated in the past that attempts to pass legislation expanding the federal government’s regulatory power would need an overwhelming consensus of support from the industry, which is clearly lacking so far. In addition to trainers’ groups and racetracks, most representatives of state racing commissions also oppose the bill, in part because the legislation would strip them of much of their rule-making authority.

Ed Martin, president of the Association of Racing Commissioners International, an umbrella organization for U.S. racing commissions, said in a statement issued Thursday the organization remains opposed to the legislation, citing a litany of concerns ranging from the lack of specifics over funding the effort to the private structure of USADA, which does not currently conduct any animal testing.

“Equine welfare and medication policy should not be put in the hands of an entity with no experience in such matters and no veterinary involvement,” Martin said. “We strongly oppose the politicization of racing medications policies and are concerned that equine welfare policies will be trampled should this be enacted.”

The Thoroughbred Racing Associations, a racetrack trade group, has not issued any policy statement on the legislation, but in the past, the membership has been opposed to involving the federal government, in large part because of concern over the protection of rights in federal legislation allowing for interstate simulcasting. The legislation introduced Thursday would make those protections forfeit in states that do not comply with the USADA mandates. The TRA’s board is expected to discuss the legislation at a board meeting in August, according to the group’s executive secretary, Chris Scherf.

Also on Thursday after the bill’s introduction, the Kentucky Horsemen’s Benevolent and Protective Association issued an alert to its members, urging them to submit comments to legislators in opposition to the bill.

The Jockey Club has gained endorsements for the legislation from the Breeders’ Cup; the Humane Society and an affiliated veterinary organization; the Water Hay Oats Alliance; and the Kentucky Thoroughbred Association/Kentucky Thoroughbred Owners and Breeders. The groups have banded together under the name the Coalition for Horse Racing Integrity.

Tonko said he will continue to work with the Coalition for Horse Racing Integrity to seek expanded support for the bill.

“We’re determined,” Tonko said. “We’re going to make this work."